1. Apparently some open space existed towards the north of the petitioner's plot, which was reserved for amenity purposes (setting up of a nursery). However, subsequently, the layout plan was modified (lawfully or otherwise) and the open space was carved out as a commercial and subsequently an industrial plot. In 1975, the petitioner filed a suit claiming that he had a right to be allotted the aforesaid plot. The suit was apparently dismissed in 1995 and an appeal against the decree was also dismissed. Thereafter this petition was filed in 1997, praying that an amenity plot could not be converted into one for residential/commercial purposes and the respondents Nos,4 to 9 (allottees) be restrained from raising construction.
2. While we entertain such petitions by way of public interest litigation, it appears that the petitioner was perfectly reconciled to the conversion of the plot more than two decades before filing this petition and wanted it to be allotted to himself only after failing to establish his claim before a competent Court he chose to file this petition. As such we are of the opinion that this petition has not been moved in public interest and the petitioner's bona fides are questionable. The petition is, therefore dismissed.